A pensioner stopped receiving a 2000 UAH supplement after pension recalculation — what the court decided

The Kyiv District Administrative Court considered a dispute regarding the right to a monthly supplement of 2000 UAH to the pension under the Cabinet of Ministers Resolution No. 713 after the pension was recalculated in compliance with a court decision. The court examined whether the recalculation of the pension, carried out to restore the violated right of the pensioner, was a valid reason to stop such a supplement.

Case circumstances

A pensioner registered with the Main Department of the Pension Fund of Ukraine in Kyiv and receiving a pension according to the Law of Ukraine "On Pension Provision for Persons Released from Military Service and Some Other Persons" filed a lawsuit to recognize the actions of the Pension Fund authority as unlawful and to oblige it to calculate and pay a monthly supplement to the pension in the amount of 2000 UAH in accordance with the Cabinet of Ministers of Ukraine Resolution No. 713 dated July 14, 2021 "On Additional Social Protection of Certain Categories of Persons."

According to the case materials, from July 1, 2021, the plaintiff was assigned and paid a monthly supplement of 2000 UAH in accordance with Resolution No. 713.

Subsequently, by the decision of the Kyiv District Administrative Court dated October 31, 2023, in case No. 640/15003/22, the Pension Fund was obliged to recalculate the pension based on a certificate of monetary provision. In compliance with this decision, the defendant recalculated the pension but stopped paying the monthly supplement provided by Resolution No. 713.

After the pensioner applied to the Pension Fund with a request to resume the supplement payment, the defendant informed that due to the recalculation, the pension amount increased by more than 2000 UAH, so there was no basis for further payment of the supplement.

Disagreeing with these actions, the plaintiff appealed to the administrative court.

Position of the Pension Fund

The defendant stated that according to the Cabinet of Ministers of Ukraine Resolution No. 713, the monthly supplement of 2000 UAH is not paid in cases where the person's pension was reviewed or recalculated after March 1, 2018, except when the increase in the pension due to such review or recalculation was less than 2000 UAH.

Since the plaintiff's pension was recalculated following a court decision and its amount increased by more than 2000 UAH, the Pension Fund considered the termination of the supplement payment lawful.

Court conclusions

The court in case No. 320/31293/24 noted that the Law of Ukraine No. 2262-XII guarantees persons released from military service an adequate level of pension provision and provides mechanisms for recalculating pensions due to changes in monetary provision for the relevant categories of persons.

Analyzing the provisions of the Cabinet of Ministers of Ukraine Resolution No. 713, the court stated that its purpose is the gradual reduction of disparities in pension amounts assigned before March 1, 2018.

According to the court, the pension recalculation referred to in the third paragraph of point 1 of Resolution No. 713 as a basis for non-payment of the monthly supplement should be related specifically to changes in the components of monetary provision for the relevant categories of servicemen or other persons entitled to a pension under Law No. 2262-XII.

In contrast, the pension recalculation carried out to comply with a court decision aimed at eliminating the violation of the person's right to an adequate pension amount is not a recalculation related to changes in the components of monetary provision or other indicators of the basic pension amount.

The court referred to the legal position of the Supreme Court set out in the ruling of November 8, 2022, in case No. 420/2473/22, according to which a pension recalculation following a court decision cannot be considered grounds for stopping the payment of the monthly supplement established by Resolution No. 713.

The court established that the plaintiff's right to receive the disputed supplement arose before March 1, 2018, and the recalculation carried out by the Pension Fund was aimed solely at restoring the violated right to an adequate pension amount.

Under these circumstances, the court concluded that stopping the payment of the monthly supplement of 2000 UAH contradicts the purpose of Resolution No. 713 and is unlawful.

The Kyiv District Administrative Court fully satisfied the claim.

The court recognized the actions of the Main Department of the Pension Fund of Ukraine in Kyiv regarding the refusal to calculate and pay the monthly supplement to the pension in the amount of 2000 UAH under the Cabinet of Ministers of Ukraine Resolution No. 713 from September 1, 2022, as unlawful.

The court also obliged the Pension Fund to recalculate and pay the specified monthly supplement from September 1, 2022, taking into account previously paid amounts and recovered the court fee paid by the plaintiff in the amount of 1211.20 UAH in favor of the plaintiff.

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